Terms and Conditions
HEALTHSOURCE NOW TERMS AND CONDITIONS OF USE
This HealthSource Now Web site ("our site" or "this site") is owned and operated by HealthSource Now, LLC. Please read these Terms and Conditions of Use carefully before using our Web site.
By using this site, you are accepting these Terms and Conditions of Use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, please do not use this Web site. HealthSource Now reserves the right to modify or amend these Terms and Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms and Conditions, it will mean that you accept those changes.
If you are under 18 years of age, you are not approved to use HealthSourceNow.com. HealthSource Now does not knowingly collect information from children under the age of 18. If you are under 18 and using HealthSourceNow.com, you are in violation of these Terms and Conditions.
HealthSource Now does not provide medical advice, diagnosis, or treatment. HealthSource Now site User’s health care decisions are solely User’s responsibility. HealthSource Now provides this Web site for your information only. HealthSource Now cannot and does not guarantee content accuracy and does not recommend or guarantee any particular practice or practitioner. Always check with your doctor or health care practitioner before changing your regular health care routine. Access to and use of password protected and/or secure areas of this site is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the HealthSource Now Web site may be subject to prosecution.
By entering your email address into the membership directory or e-newsletter service you give permission for HealthSource Now to contact you electronically or otherwise.
HealthSource Now may need to contact you periodically and an email address is the most efficient method for HealthSource Now to reach you. Should you choose to provide HealthSource Now with an email address it must be valid and it is your duty to update your information in our records with your most recent email address.
Personal, corporate, or organizational information collected by HealthSource Now will never be sold, dispersed, or released without permission unless required by law or court order.
You will never receive third party solicitations of any kind because of any information that you disclose to HealthSource Now unless you request it.
HealthSource Now holds our relationship with you in the strictest of confidence and we take this issue very seriously. If you have any questions at all concerning this subject, please contact us.
By accessing HealthSource Now Web site properties, you agree to allow the Internet site to collect personal information including but not limited to IP address.
If you are a Client of HealthSource Now (Practitioner Member, Advertiser, or Sponsor), you authorize HealthSource Now to use your name(s), trademark(s), or trade name(s) (whether registered or not) in publicity releases. HealthSource Now may include Client's name and logo in its client roster and issue press releases regarding the business relationship. Client also consents to verbal mentions of the business relationship at trade shows, meetings, and presentations.
USER SUBMISSIONS TO THIS SITE
Users may submit information, text, photographs, graphics, videos, or other material (collectively, "User Submissions") to this site.
HealthSource Now does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and HealthSource Now expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that some User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions to be placed in public view on the site, that information can be collected and used by other site Users and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Terms and Conditions.
By submitting User Submissions to this site, you hereby grant HealthSource Now an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and HealthSource Now may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submission is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement, or other rights of any kind of any third party without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy, or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless HealthSource Now and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages, and expenses of any kind (including, without limitation, attorneys' fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
HealthSource Now welcomes and respects User opinions, whether or not HealthSource Now agrees with them. HealthSource Now asks that Users welcome and respect other User opinions on this site. HealthSource Now encourages communication with common courtesy and collegial respect. These Terms and Conditions are intended to keep this site a safe, informative, and constructive community for all those who visit it.
You agree not to submit, upload, or post any User Submission to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to violating anyone's copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another's computer; (7) advertises or otherwise solicits funds, or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes, or other form of such solicitation; (8) is false, deceptive, or misleading; (9) impersonates any person or entity, including but not limited to a HealthSource Now officer, director, employee, member, or its affiliates, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation, or convention related to privacy, publicity, data protection, electronic communications, or anti-spamming.
If HealthSource Now is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by Users (e.g., through a posting or online review, etc.), HealthSource Now may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the HealthSource Now Web site. HealthSource Now may disclose any content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate or if HealthSource Now is compelled to
disclose any information; or
(iii) to protect the rights or property of HealthSource Now, its Users, or Providers.
HealthSource Now reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, HealthSource Now as a whole or in part, or any rights of HealthSource Now or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither HealthSource Now nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither HealthSource Now, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the HealthSource Now Web site.
HealthSource Now may, at its sole discretion, pre-screen, refuse, or remove any content without notice.
RESTRICTED USES
All contents of HealthSource Now are copyrighted under United States copyright laws. You may not distribute such material for any purposes without prior written permission.
HealthSource Now, its logo, the tagline "Whole Health. Found." and all other names of HealthSource Now services are registered or common law trademarks of HealthSource Now. In no event may HealthSource Now trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any HealthSource Now trademark, service mark, or logo may be a violation of federal and state law.
NOTICE OF CLAIMS FOR COPYRIGHT INFRINGEMENT
To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by email. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights.
Please provide us with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Web site, with enough detail that we may find it on the Web site;
- Your address, telephone number, and email address;
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
Send the written communication to the following address:
Health Source Now
P.O. Box 5682
Albany, NY 12205
DISCLAIMERS AND LIMITATION OF LIABILITY
HEALTHSOURCE NOW HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY HEALTHSOURCE NOW MEMBER. IF YOU ARE A PRACTITIONER MEMBER, YOU AGREE TO ABIDE BY THE LAWS AND SCOPE OF PRACTICE IN YOUR STATE OF LICENSURE.
HEALTHSOURCE NOW CANNOT AND DOES NOT PROVIDE ANY GUARANTEES REGARDING THE PRODUCTS OR SERVICES OF ANY HEALTHSOURCE NOW MEMBER, SPONSOR, SITE VISITOR, OR ADVERTISER.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE HEALTHSOURCE NOW WEB SITE, OR OBTAINED FROM A WEB SITE TO WHICH THE HEALTHSOURCE NOW WEB SITE IS LINKED (A "LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE HEALTHSOURCE NOW WEB SITE.
HEALTHSOURCE NOW IS NOT RESPONSIBLE IN ANY WAY FOR INFORMATION, WEB SITES, MULTIMEDIA FILES, OR ANY OTHER MATERIAL THAT IS LINKED TO FROM USER SUBMISSIONS OR ANY OTHER HEALTHSOURCE NOW PAGE OR COMMUNICATION IN ANY WAY FOR ANY CRITERIA, LAW, ITEM, OR ISSUE THAT MAY BE OFFENSIVE, ILLEGAL, DAMAGING, OBJECTIONABLE, OR INFRINGING IN ANY WAY BY THE MATERIAL FOUND ON THAT THIRD-PARTY SITE THAT WAS REACHED THROUGH HEALTHSOURCE NOW.
YOU AGREE THAT HEALTHSOURCE NOW, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE HEALTHSOURCE NOW WEB SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE HEALTHSOURCE NOW WEB SITE OR A LINKED SITE, EVEN IF HEALTHSOURCE NOW IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES BUT IS NOT LIMITED TO THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJORED EVENT.
HEALTHSOURCE NOW CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE HEALTHSOURCE NOW WEB SITE, ELECTRONIC MAIL, OR ANY OTHER SERVICE, NOR DOES IT WARRANT IN ANY WAY THE SERVICES PROVIDED.
HEALTHSOURCE NOW SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR SAVINGS OR THE INCURRING OF ANY LOSS OR DAMAGES BY ANY USER, MEMBER, OR OTHERWISE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR THE EXISTENCE, FURNISHING, FAILURE TO FURNISH, OR USE OF THE SOFTWARE OR INTERNET SITE OR THE SERVICES OR THE NON-ACCESSABILITY OF SAID SERVICES.
HEALTHSOURCE NOW IS NOT RESPONSIBLE IN ANY WAY FOR INFORMATION, EITHER TEXT, CODE, IMAGES, OR OTHERWISE POSTED ON ITS INTERNET SITE OR WEB SERVERS THAT IS PLACED THERE BY MEMBERS OR OTHER PARTIES EITHER GRANTED PERMISSION TO POST INFORMATION OR OTHERWISE. MEMBERS, AFFILIATES, ADVERTISERS OR ANY OTHER PARTY PLACING INFORMATION ON HEALTHSOURCE NOW’S INTERNET SITE OR SERVERS ARE SOLELY RESPONSIBLE FOR THAT INFORMATION INCLUDING THE APPROPRIATENESS, LEGALITY, NON-COPYRIGHT INFRINGEMENT, OR OTHERWISE.
AUTHORIZED USERS PLACE INFORMATION ON HEALTHSOURCE NOW’S INTERNET SITE OR SERVERS AT THEIR OWN RISK.
THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON THE HEALTHSOURCE NOW WEB SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HEALTHSOURCE NOW SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE HEALTHSOURCE NOW WEB SITE AND LINKED SITES. HEALTHSOURCE NOW MAY MAKE IMPROVEMENTS OR CHANGES TO THE HEALTHSOURCE NOW WEB SITE AT ANY TIME.
HEALTHSOURCE NOW HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY HEALTHSOURCE NOW WEB SITE THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, MEMBERS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT, OR OTHERWISE OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE HEALTHSOURCE NOW FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
TERMINATION OF USAGE
HealthSource Now may terminate any User's access, or suspend any User's access, to all or part of the HealthSource Now Web site, without notice, for any conduct that HealthSource Now in its sole discretion believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, or HealthSource Now, or may terminate memberships and access to any Web property for any reason without notice and without refund of subscription and/or membership fees. HealthSource Now may at its sole discretion pre-screen, refuse, or remove any content without notice. HealthSource Now reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.
HealthSource Now may refuse initial or renewal membership for any reason at its sole discretion.
SEVERABILITY
The provisions of these Terms and Conditions of Use are severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
CHANGES TO TERMS AND CONDITIONS OF USE
HealthSource Now reserves the right to revise these Terms and Conditions of Use at any time and Users are deemed to be apprised of and bound by any changes to these Terms and Conditions of Use.
